NEWS ARTICLE: GROOM LAKE CHEMICALS CAN BE SECRET

SUBTITLE: A presidential exemption counters workers who have 
lawsuits pending against the federal government.

PUBLICATION: Las Vegas Review-Journal, Oct. 3, 1995, page 1B

AUTHOR: Warren Bates

The federal government has obtained a presidential exemption that 
will allow it to keep secret the identification of chemicals used 
at the U.S. Air Force's operating location near Groom Lake.

On Sept. 29, President Clinton signed an exemption saying it "is 
in the paramount interest of the United States to exempt" the Air 
Force from disclosing classified information regarding the base.

The details are being sought by workers who have two lawsuits 
pending against the government, alleging that they were exposed to 
toxic contaminants while working on projects.

In an Aug. 30 ruling U S. District Judge Philip Pro said that 
under the Resource Conservation and Recovery Act, the military 
could not arbitrarily claim certain documents were classified, 
forcing it to either release the data or get Clinton's signature 
preventing disclosure.

Lawyer Jonathan Turley, a law professor at George Washington 
University who represents the workers, had hailed Pro's decision 
as a victory. Turley said Monday he was not discouraged that an 
exemption was granted.

"The military should not conclude that a presidential exemption is 
the same as a presidential pardon," he said. "This relieves them 
of current and future responsibility, but it does mean they can go 
back in time and make unlawful conduct lawful.

"The first act of Bill Clinton in this case is to ride on the 
scene and shoot the wounded," Turley said. "While we wish the 
president had stood with the workers, the law is a wonderful 
equalizer. Even a Groom Lake worker can prevail over the president 
when he is right."

Turley said: "If nothing else, we can accept that the activities 
at Groom Lake have been reviewed at the highest office.''

Lawyers for the Department of Justice on Monday filed a motion 
asking Pro to reconsider parts of his decision.

Attorneys Russell Young and Sylvia Quast argued that Congress 
never intended to require presidential action regarding disclosure 
of classified information under the Resource Act.

They said the order would frustrate the current system that 
presidents use -- the delegation of classification decisions to 
subordinate executive branch officials.

"It would be impossible for the president to personally make all--
or anything but a minuscule percentage of-- classification or 
declassification decisions," their motion says.

Turley said the motion for reconsideration was based on an 
inconvenience theory." He said the government is unhappy with the 
hoops they have to now go through, so they want to circumvent the 
law.

"While Groom Lake may seem expendable or remote in the Beltway, 
the cost of violations are felt by real people and there are real 
injuries. Fortunately they have real protections given them by the 
Constitution." ###